§ 8.08.080. Enforcement, penalties, and abatement.

A.

Any law enforcement agent, landfill personnel, or other designee of the board, shall be the enforcement officer of this chapter.

B.

Penalties. A violation of the provisions of this chapter shall be considered an infraction except in those circumstances where this chapter specifically designates a violation to be a misdemeanor.

1.

An initial violation of this chapter constituting an infraction shall be punishable by a fixed and set fine of seventy-five dollars ($75.00) when the violator has not previously been convicted of a violation of this chapter.

2.

A second or subsequent violation of this chapter constituting an infraction shall be punishable by a fixed and set fine of one hundred dollars ($100.00) when the violator has been previously convicted of an infraction violation of this chapter.

3.

Any person, firm, or corporation who fails to comply with, or violates any of the provisions of this chapter and upon conviction of an infraction two times within the previous twenty four (24) months, each subsequent violation or failure to comply thereafter will be charged with a misdemeanor violation, and upon conviction thereof shall be subject to a fine of up to one thousand dollars ($1,000.00), and imprisonment in the county jail for a period of not more than six months, or both.

4.

Each day on which a violation occurs may constitute a separate offense.

5.

The fine amounts set forth above for infraction offenses shall be separate and apart from any court costs assessed pursuant to Idaho Code Section 31-3201A (c) or any other provision of law. The fine amount set forth for a misdemeanor offense shall be separate and apart from any court costs assessed pursuant to Idaho Code Section 31-3201A(b) or any other provision of law.

6.

In addition to the criminal penalties for violation of this chapter, civil damages in the amount of three times the actual damage, may be imposed upon any person, firm or corporation who dumps or discards solid waste at any waste disposal site, outside of regular business hours, which damages shall be used to clean up the waste and restore the land to its previous condition. Any such civil action shall be brought in Bannock County in the name of Bannock County and the remainder of any damages collected after the costs of restoration shall be used for maintenance and operation of the Bannock County Solid Waste Disposal System and enforcement of this chapter.

C.

Civil Enforcement. Appropriate actions and proceedings may be taken at law or in equity to prevent any violation of this chapter, to prevent unlawful disposal and/or transportation of solid waste, to recover damages, to restrain, correct, or abate a violation; and these remedies may be in addition to any other penalties described in this chapter.

D.

Abatement. The county may abate the violation and bill the landowner for the amount of costs incurred after determination, by a court or by the plaintiff's payment of an infraction penalty that a violation has occurred. If unpaid at the end of one hundred eighty (180) days, the charges will accrue as taxes upon the property involved.

In addition to the foregoing remedies and penalties, other appropriate action may be taken pursuant to Idaho Code, Section 31-4406 or any other remedy at law or in equity to restrain, correct, or abate a violation of this chapter.

(Ord. 1995-5 § 501—502)

(Ord. No. 2010-2, § 1, 11-4-10)